greyseal
04-12-2011, 06:38 PM
Guantanamo is not a Naval Base
The detention Facility at Guantanamo is not a Naval Base, its listed as division 10 of the Bureau of Insular Affairs, under the jurisdiction of Puerto Rico.
UNITED STATES GOVERNMENT MANUAL
No. 10. Puerto Rico, Vieques, Culebra, Virgin Islands and the *Naval Reservation, Guantanamo -San Juan, P. R.
President Obama committed constructive fraud, and obstruction of Justice, in E.O No. 1392, when he called the reservation the Naval Base at Guantanamo”. In Title 10 USC, pasted below, the Reservation is called a Naval Base; incidentally, Pearl Harbor was a Naval Reservation prior to W.W. 2, under the control of the Dept. of Navy.
Ex. Ord. No. 13492
” Ex. Ord. No. 13492. Review and Disposition of Individuals Detained At the Guantanamo Bay Naval Base and Closure of Detention Facilities”.
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801
Reports on Guantanamo Bay Prisoner Population
“(a) Reports Required.—Not later than 60 days after the date of the enactment of this Act [June 24, 2009] and every 90 days thereafter, the President shall submit to the members and committees of Congress specified in subsection (b) a report on the prisoner population at the detention facility at Naval Station Guantanamo Bay, Cuba
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801
Detainee Interrogation, Status Review, and Treatment
Pub. L. 109–163, div. A, title XIV, §§ 1402, 1405, 1406, Jan. 6, 2006, 119 Stat. 3475, 3476, 3479, provided that:
“SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE.
“(a) In General.—No person in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation.
“(b) Applicability.—Subsection (a) shall not apply with respect to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law of the United States.
“(c) Construction.—Nothing in this section shall be construed to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United States.,,,,,,,,,,,,,,,
The above statement is a ruse, the real reason for the statement, is that the Army Field Manual is for the conduct of Military personnel, sometimes referred to as the Articles of War, applicable when Congress declares war. The detainees at Guantanamo are under the control of the Corporation, not the Military. So the Army Field Manual has no application.
In 1912 there was a major break form the Army Field Manual, to deal with personnel that were not in the Military. These new Articles of War, The UCMJ and the Military Commission Act ( 10 USC 801) have some overlapping provisions and definitions contained in the Army Field Manual but the difference is profound. While Congress writes the laws for the Military, the President can amend the UCMJ or the MCA at will, since they don’t concern the Military. For a visual presentation of the facts, pull up the CSPAN video of President Obama repealing the “don’t ask don’t tell law”. The signing ceremony occurred in the Department of the Interior building, and the law was for the Armed Services (his exact words) later referred to as the armed forces, it appears the two terms are interchangeable, never the less, it didn’t concern the Military.
The Army Field Manual in contrast to Uniform Code of Military Justice (UCMJ and the MCA)
Army Corp. of Engineers Website
Colonel Jonathan Williams
President Adams appointed Williams a major in the Corps of Artillerists and Engineers in February 1801 and President Jefferson made him the Army's Inspector of Fortifications and assigned him to lead the new Military Academy at West Point in December 1801. The following year Jefferson appointed him to command the separate Corps of Engineers established by Congress on March 16, 1802.
Mr. Jefferson , didn’t dissolve the Army, he created a military appendage . The Army Field Manual was not modified by section 1342 listed below, section 1342, modified the Act, dated March 16 1802, it eliminated the Military, it was codified on Aug. 29, 1916, c. 18, § 3, 39 Stat. 650.) Philippine Islands. Amended in 1920, and again in 1948, by the Elston Act
HENRY L. STIMSON, the Secretary of War, to the Military Committee, House of Representatives,
In a letter submitted by HENRY L. STIMSON, the Secretary of War, to the Military Committee, House of Representatives, stated the purpose for the needed change.
WAR DEPARTMENT,
OFFICE OF THE JUDGE ADVOCATE GENERAL,
Washington, April 12, 1912.
The SECRETARY OF WAR.
SIR: I have the honor to submit herewith a project of revision of
section 1342 of the Revised Statutes-the Articles of War-and to
request that, in the form in which approved by you, it be transmitted
to the Congress with a request for its enactment. The necessity for revision will be best understood by a preliminary reference to the history of the present articles.
1. not reproduced (really long)
2. not reproduced
3. not reproduced
4. Articles 1, 10, 11, 12, 29, 30, 36, 37, 53, 76, 87, and 101 of the
existing code have been omitted. Some of these articles have never
met any real need in our *service and may for all practical purposes be
regarded as obsolete; others embrace only matters properly within
the field of Army Regulations.
OLD ARTICLES OF WAR OMITTED FROM THE PROPOSED REVISION.
ARTICLE 1. Every officer now in the Army of the United States shall,
within six months from the passing of this act, and every officer hereafter
appointed shall, before he enters upon the duties of his office, subscribe these
rules and articles.
Section 1342 of the Articles of War, eliminated the Military, the Articles were codified Aug. 29, 1916, c. 18, § 3, 39 Stat. 650.) Philippine Islands.
IN 1948; the (Elston Act) modified section 1342 by section 47 of said Act
“[… That section 1342 of the Revised Statutes of-the United States be , and the same is hereby repealed, and all laws and parts of laws insofar as they are inconsistent with this act are hereby repealed .]
The request for the change came from the “Bureau of Budget“.
The Uniform Code of Military Justice, was reenacted by Congress in 1950,
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801
Source (Statutes at Large)
801 50:551 (less (9)). May 5, 1950, ch. 169, § 1 (Art. 1 (less (9))), 64 Stat. 108.
The Uniform Code of Military Justice of 1950, 64 Stat. 107, as amended by the Military Justice Act of 1968, 82 Stat. 1335, 10 U.S.C. Sec. 801 et seq. For prior acts, see 12 Stat. 736 (1863); 39 Stat. 650 (1916).
May 5 1950 chapter . 169, 64 Stat. 108, later codified by Act of Aug. 10, 1956,
effective in 1951, , later codified by Act of Aug. 10, 1956, ch. 1041, 70A Stat. 1, 36, and now, as amended, 10 U.S.C. $5 801-940 .
Jurisdiction of the MCA
Section 38, act June 15, 1917, ch. 30, title I, § 7, 40 Stat. 219, related to jurisdiction of courts-martial and military commissions.
50 USC § 195. ‘‘United States’’ defined
The term ‘‘United States’’ as used in this Act includes all territory and waters, continental or
insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231; Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93 Stat. 498.)
The MCA is limited to Naval Reservation
Sección 1276d, act. Jul. 3, 1946, a.C. 536, SEC. 6, 60 SEAT. 419, relamed k.o. ownership Of. naval reservations, diplomatic property etc., and was transferid to section 1385 of Title 22. (note) 60 Stat. 419 applied to the Philippine Islandés.
Restriction on the use of the Military is contained in the Posse Comitatus Act, further restrictions apply to the Secretary of Defense because he’s in charge of the armed services/armed forces (construction division of the Corporation), and is not in charge of the Military. Any order to the Military to assist in the detention of anyone is usurpation of power, acting under the color of authority, and treason (importing foreign law) the Military is not subject to NATO or the U.N.. The NATO or U.N Treaty only deals with armed forces, see War Powers Resolution passed in 1973.
32 CFR § 375. Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law
The detention Facility at Guantanamo is not a Naval Base, its listed as division 10 of the Bureau of Insular Affairs, under the jurisdiction of Puerto Rico.
UNITED STATES GOVERNMENT MANUAL
No. 10. Puerto Rico, Vieques, Culebra, Virgin Islands and the *Naval Reservation, Guantanamo -San Juan, P. R.
President Obama committed constructive fraud, and obstruction of Justice, in E.O No. 1392, when he called the reservation the Naval Base at Guantanamo”. In Title 10 USC, pasted below, the Reservation is called a Naval Base; incidentally, Pearl Harbor was a Naval Reservation prior to W.W. 2, under the control of the Dept. of Navy.
Ex. Ord. No. 13492
” Ex. Ord. No. 13492. Review and Disposition of Individuals Detained At the Guantanamo Bay Naval Base and Closure of Detention Facilities”.
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801
Reports on Guantanamo Bay Prisoner Population
“(a) Reports Required.—Not later than 60 days after the date of the enactment of this Act [June 24, 2009] and every 90 days thereafter, the President shall submit to the members and committees of Congress specified in subsection (b) a report on the prisoner population at the detention facility at Naval Station Guantanamo Bay, Cuba
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801
Detainee Interrogation, Status Review, and Treatment
Pub. L. 109–163, div. A, title XIV, §§ 1402, 1405, 1406, Jan. 6, 2006, 119 Stat. 3475, 3476, 3479, provided that:
“SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE.
“(a) In General.—No person in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation.
“(b) Applicability.—Subsection (a) shall not apply with respect to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law of the United States.
“(c) Construction.—Nothing in this section shall be construed to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United States.,,,,,,,,,,,,,,,
The above statement is a ruse, the real reason for the statement, is that the Army Field Manual is for the conduct of Military personnel, sometimes referred to as the Articles of War, applicable when Congress declares war. The detainees at Guantanamo are under the control of the Corporation, not the Military. So the Army Field Manual has no application.
In 1912 there was a major break form the Army Field Manual, to deal with personnel that were not in the Military. These new Articles of War, The UCMJ and the Military Commission Act ( 10 USC 801) have some overlapping provisions and definitions contained in the Army Field Manual but the difference is profound. While Congress writes the laws for the Military, the President can amend the UCMJ or the MCA at will, since they don’t concern the Military. For a visual presentation of the facts, pull up the CSPAN video of President Obama repealing the “don’t ask don’t tell law”. The signing ceremony occurred in the Department of the Interior building, and the law was for the Armed Services (his exact words) later referred to as the armed forces, it appears the two terms are interchangeable, never the less, it didn’t concern the Military.
The Army Field Manual in contrast to Uniform Code of Military Justice (UCMJ and the MCA)
Army Corp. of Engineers Website
Colonel Jonathan Williams
President Adams appointed Williams a major in the Corps of Artillerists and Engineers in February 1801 and President Jefferson made him the Army's Inspector of Fortifications and assigned him to lead the new Military Academy at West Point in December 1801. The following year Jefferson appointed him to command the separate Corps of Engineers established by Congress on March 16, 1802.
Mr. Jefferson , didn’t dissolve the Army, he created a military appendage . The Army Field Manual was not modified by section 1342 listed below, section 1342, modified the Act, dated March 16 1802, it eliminated the Military, it was codified on Aug. 29, 1916, c. 18, § 3, 39 Stat. 650.) Philippine Islands. Amended in 1920, and again in 1948, by the Elston Act
HENRY L. STIMSON, the Secretary of War, to the Military Committee, House of Representatives,
In a letter submitted by HENRY L. STIMSON, the Secretary of War, to the Military Committee, House of Representatives, stated the purpose for the needed change.
WAR DEPARTMENT,
OFFICE OF THE JUDGE ADVOCATE GENERAL,
Washington, April 12, 1912.
The SECRETARY OF WAR.
SIR: I have the honor to submit herewith a project of revision of
section 1342 of the Revised Statutes-the Articles of War-and to
request that, in the form in which approved by you, it be transmitted
to the Congress with a request for its enactment. The necessity for revision will be best understood by a preliminary reference to the history of the present articles.
1. not reproduced (really long)
2. not reproduced
3. not reproduced
4. Articles 1, 10, 11, 12, 29, 30, 36, 37, 53, 76, 87, and 101 of the
existing code have been omitted. Some of these articles have never
met any real need in our *service and may for all practical purposes be
regarded as obsolete; others embrace only matters properly within
the field of Army Regulations.
OLD ARTICLES OF WAR OMITTED FROM THE PROPOSED REVISION.
ARTICLE 1. Every officer now in the Army of the United States shall,
within six months from the passing of this act, and every officer hereafter
appointed shall, before he enters upon the duties of his office, subscribe these
rules and articles.
Section 1342 of the Articles of War, eliminated the Military, the Articles were codified Aug. 29, 1916, c. 18, § 3, 39 Stat. 650.) Philippine Islands.
IN 1948; the (Elston Act) modified section 1342 by section 47 of said Act
“[… That section 1342 of the Revised Statutes of-the United States be , and the same is hereby repealed, and all laws and parts of laws insofar as they are inconsistent with this act are hereby repealed .]
The request for the change came from the “Bureau of Budget“.
The Uniform Code of Military Justice, was reenacted by Congress in 1950,
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801
Source (Statutes at Large)
801 50:551 (less (9)). May 5, 1950, ch. 169, § 1 (Art. 1 (less (9))), 64 Stat. 108.
The Uniform Code of Military Justice of 1950, 64 Stat. 107, as amended by the Military Justice Act of 1968, 82 Stat. 1335, 10 U.S.C. Sec. 801 et seq. For prior acts, see 12 Stat. 736 (1863); 39 Stat. 650 (1916).
May 5 1950 chapter . 169, 64 Stat. 108, later codified by Act of Aug. 10, 1956,
effective in 1951, , later codified by Act of Aug. 10, 1956, ch. 1041, 70A Stat. 1, 36, and now, as amended, 10 U.S.C. $5 801-940 .
Jurisdiction of the MCA
Section 38, act June 15, 1917, ch. 30, title I, § 7, 40 Stat. 219, related to jurisdiction of courts-martial and military commissions.
50 USC § 195. ‘‘United States’’ defined
The term ‘‘United States’’ as used in this Act includes all territory and waters, continental or
insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231; Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93 Stat. 498.)
The MCA is limited to Naval Reservation
Sección 1276d, act. Jul. 3, 1946, a.C. 536, SEC. 6, 60 SEAT. 419, relamed k.o. ownership Of. naval reservations, diplomatic property etc., and was transferid to section 1385 of Title 22. (note) 60 Stat. 419 applied to the Philippine Islandés.
Restriction on the use of the Military is contained in the Posse Comitatus Act, further restrictions apply to the Secretary of Defense because he’s in charge of the armed services/armed forces (construction division of the Corporation), and is not in charge of the Military. Any order to the Military to assist in the detention of anyone is usurpation of power, acting under the color of authority, and treason (importing foreign law) the Military is not subject to NATO or the U.N.. The NATO or U.N Treaty only deals with armed forces, see War Powers Resolution passed in 1973.
32 CFR § 375. Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law